Waqf Land Research Articles

Governance Structures: Dependability And Efficiency Of The Waqf Institutional System In Malaysia

Waqf lands have the potential to bring in billions of dollars in income for Muslim communities provided that they are successfully developed and managed. In the past, there was no established legal framework for the management of waqf in Malaysia. As a result, waqf land and assets were managed in an inefficient and disorganized manner. The State Islamic Religious Council (SIRC) in Malaysia oversees the waqf administration and is responsible for the legislation in Malaysia that is related to waqf. The SIRC in its role as the sole trustee is in charge of overseeing all aspects of waqf matters. It was made more difficult in Malaysia because there are 13 states and federal territories and each of them has its waqf regulation and as a result, there are different challenges. In addition, the law and enactment of waqf in each state are uniquely distinct from the legislation and enactment in the other states correspondingly. The disparities in size, the varying numbers of waqf properties, and other aspects are the core of these problems. If these Waqf properties were efficiently handled, it would be the ideal solution to the challenge of increasing the social and economic position of the Muslim community. Unfortunately, the waqf institutions in Malaysia do not seem to be capable of playing a proactive role in promoting the economic growth and overall development of Muslims in Malaysia. The purpose of this study is to better understand the challenges in governance, especially in the administration, management, and development of waqf in Malaysia

PROBLEMS OF WAQF CERTIFICATION IN KEPUNG SUB-DISTRICT, KEDIRI DISTRICT, EAST JAVA

This paper explores the problematic process of waqf land certification in Kepung Sub-district, Kediri Regency. The research started with the significant number of waqf lands in Kepung Subdistrict that do not yet have legal ownership of the waqf, in the form of certificates. Educational institutions and religious institutions whose waqf has no certificate have the opportunity to become disputed land in the future. This study concludes: first, the implementation of land waqf in Kepung Sub-District, Kediri District, East Java, there are still many who hand over their waqf to the nadzir without receiving strong proof of receipt. Second, the dominant reason why people in Kepung Subdistrict do not register waqf property is that the waqf property is not registered because the heirs want to pay the waqf land tax themselves with the intention of sodaqoh and the waqf property is not registered because the cost of registering waqf property is expensive. Third, according to the review of Law Number 41 of 2004 concerning Waqf, the reasons why residents of Kepung District, Kediri Regency, East Java do not register waqf assets are not in accordance with Law Number 41 of 2004

Peningkatan Kemandirian Ekonomi Pesantren Berbasis Agribisnis di Lingkungan Pondok Pesantren Raudhatus Salaam Berbah – Sleman

Raudhatus Salaam Islamic Boarding School Berbah Sleman Regency's operating costs are still heavily reliant on student fees and donations from donors, but it has three vacant waqf land locations that have yet to be developed to support pesantren's economic independence. The goal of this Community Partnership Program is to initiate efforts to increase the economic independence of pesantren through agribusiness-based activities by optimizing the existing resources. The data collection method used in this activity is observation and focus group discussion, while the method of service implementation is through counseling, land clearing, planting, and post-planting maintenance. The study's data were analyzed quantitatively and qualitatively. This program has been successful in increasing the empowerment of partners in terms of knowledge and skills, with the goal of increasing the economic independence of the partners' pesantren by converting one of the existing lands into a banana plantation.

PERLINDUNGAN HUKUM TANAH WAKAF YANG TIDAK MEMILIKI AKTA IKRAR WAKAF

This study aims to determine and examine the rights to waqf land that does not have a waqf pledge and its position at the Baubau City Land Office and Baubau City Religious Affairs Office.This research was carried out at the Baubau City Land Office and Baubau Religious Affairs Office, the method used in this research is normative legal research that examines positive law and legal principles and their theoretical aspects through reading sources, such as laws, books, articles scientific, mass media, and legal journals and in this case the researchers obtained data directly from the parties concerned which were specifically collected for this research by conducting direct interviews. The results show that based on legal efforts to protect the rights of waqf that do not have the status of waqf land without a waqf pledge that occurs in Baubau City is if the waqf element is not fulfilled, then legally the waqf can be said to never exist. The making of the Waqf Pledge Deed has a very important meaning, because by making the waqf pledge deed, the endowment will be authentically proven and so that it can be judged whether or not a legal event is true and the evidence for the waqf pledge is legal evidence.

Optimising under-utilised waqf assets in Malaysia through social entrepreneurship

A waqf is a charitable perpetual property whose interest and usufruct can be extracted without consuming the property itself. Malaysia has grown enormous waqf assets. Nonetheless, the potential is not fully utilized because of the difficulty in terms of management. The aim of this paper is to propose a model based on two social entrepreneurship angles which are creating sustainable business ventures and innovating products that could effectively optimize underutilized waqf lands in Malaysia. This qualitative research applies secondary data collected from scientific directory analysis and library research including papers and precedents on waqf. A Comparative approach was used to correlate analogous model that is currently practised in Indonesia. The data was then analyzed using legal and historical interpretation to determine the model's commercial viability. These findings suggest an equity crowdfunding platform as an innovative method to optimize underutilized waqf assets. In order to measure the desirability and perceived feasibility among contributors in Malaysia of this model, a theory of planned behavior was suggested. Since social entrepreneurship necessitates innovative products and profits, the researcher believes that using equity crowdfunding to create a new waqf model could potentially generate continuous income and wealth for the benefit of the country.

DEVELOPMENT RESIDENTIAL PROPERTY FOR B40

Economic conditions in the aftermath of the Covid-19 pandemic create an uncertain environment for all levels of the community, resulting in anxiety for everyone. The majority of the B40 group has difficulty obtaining credit from banks due to a lack of credit history and collateral. The B40 group is among the affected in obtaining financing from any financial institution. It makes it more difficult for them to buy a house and obtain financial assistance from financial institutions. As a result, they are unable to own their house and resulting to rent a house for their whole lifetime. It is worsened for this vulnerable group to pay the monthly house rental due to unstable income. Eventually, the house rentals arrears accumulate over several months, which could cause them to be evicted from the rented house. Therefore, the study aims to discuss the issues and challenges for the B40 group in Malaysia to own a home and explore a feasible solution for affordable housing on waqf land, while also proposing a framework for the development of residential property on waqf land in Malaysia by a collaboration between related stakeholders. This study incorporated primary data by conducting an in-depth analysis of the interview sessions from the targeted respondents. A series of interview questions are posed about the issues and challenges of B40 in owning a house, and the proposed framework to elicit feedback from industry practitioners regarding its viability and perspectives. The study discovers that the Islamic bank could play a significant role by acting as a collection agent from the public as a source of funding and channeling the fund to the waqf organizations or directly to this project. The study also proposes solar energy utilization within the framework which may help to mitigate greenhouse gas emissions while also addressing the United Nations' sustainable development agenda. This research offers the originality of the finding for the proposed collaboration framework between the Islamic banks, waqf, and zakat institutions in developing the residential property for the B40 group. This research contributes to improving the B40 group’s standard of living by providing a more comfortable house to live in for a long-term period, while also sparking an idea for other researchers to further improve the framework for other environmental aspects.

TERITORI RUANG KOMUNAL BERBASIS WAKAF DI PERMUKIMAN KOTA (STUDI KASUS KAMPUNG KAUMAN SEMARANG)

Urban regions nowadays are constrained by a scarcity of land for the construction of community space. The waqf of land is one of the charitable endeavours that has been long-established in the neighbourhood. Because the waqf serves as the primary gathering place for the community that manages it, the Muslim community's act of prayer directly influences the spatial organisation of the city. Waqf is practised by almost all Muslim communities worldwide. Waqf has a significant role in defining the city's community spaces, including as places of worship, places of learning, places of health, economies, businesses, and environmental infrastructure. Seventy percent of urban villages, like Semarang City, hold waqf land. The goal of this study is to provide a description of the area of community space that develops from land waqf in urban communities. Kampung Kauman Semarang was chosen for the study because it is a crowded community representative of urban centres. To comprehend territorial traits that are specifically generated in the midst of people's lives, the research technique employs a holistic single case study methodology. This research contributes to our understanding of how waqf territoriality develops through communal defence and the long-term creation of benefits in a variety of dimensions, reflecting the qualities of sustainable space.
 Keywords: Territory, Communal space, Land waqf, Urban settlement, Kauman Village

Analysis of Changes in the Status of Waqf Assets to Improve the Quality of Islamic Education in SD Muhammadiyah Innovative Mertoyudan Magelang

The process of changing the status of waqf in the field of education is one of the investment instruments to improve the performance of Islamic educational institutions. Educational waqf institutions that are not strategic are suspected to be one of the reasons for the undeveloped education. This study analyzes the process of changing the status of waqf assets in the field of education, namely Muhammadiyah Pujotomo Elementary School, through a benefit exchange mechanism with Muhammadiyah University of Magelang. At first, the school was located behind the campus so that the community could not easily access it. After occupying a new location and building, the school's name changed to SD Muhammadiyah Innovative and has experienced significant development. The results of the analysis show that changing the status of waqf land at Innovative Muhammadiyah Elementary School can improve the educational quality of the institution so that it becomes better and has more promising development prospects.

Is Kiai a Transformational Leadership Model?

This study examines the social conflicts faced by mosque and prayers room managers in the Cangkringan area of Sleman Regency, Yogyakarta Province. The social conflicts encompass a wide range of issues, from waqf land disputes to inheritance distribution and domestic household problems such as divorce to theological differences related to superstition, bid’a, and superstition. In Kapanewon (districts) Cangkringan, fewer than one hundred mosques and prayer rooms deal with such issues. To accomplish the study, this research was conducted using a qualitative design. A sociological approach was utilized to examine the roles and functions of Kiai and Islamic Boarding Schools in Kapanewon Cangkringan in general and mosque and prayer room managers in particular. The theory used is Max Weber's leadership theory. Three essential aspects of internal processes were identified in this study. First and foremost, the leadership of Kiai, the leader of the al-Qodir Islamic boarding school, exemplified a participatory transformative leadership who is not afraid of taking different perspectives to achieve common goals. Secondly, the transformative leadership at Islamic boarding school Kiai take a primary role as facilitator and problem solver for a wide range of social conflicts. As a third aspect, conflict resolution was distributed by establishing a new system with mutually agreed regulations, and it took place with the Selapanan system every Kliwon Sunday. In addition to enriching interdisciplinary intellectual treasures, this research contributes to interdisciplinary treasures both in sociology, particularly transformative leadership, and management science, specifically in organizational leadership.

Waqf management and accountability: Waqf land financing models for economic wellbeing

Waqf land can be a factor in the economic wellbeing of the community if it is managed productively. At the same time, it is necessary to determine the best financing model to manage waqf land because waqf institutions are constrained by the absence of funds to produce waqf assets. This paper aims to describe the financing models that can be applied in the development of productive waqf land, as well as find the most effective financing model for productive waqf land. Financing that reduces the risk of loss needs to be considered by waqf institutions in choosing the right financing model. Waqf management aims to properly run and increase the waqf properties' value while fostering the culture of waqf for the good of the community. In most Muslim nations, the government is in charge of overseeing the management of waqf properties to varying degrees. However, communities have built-in claims on the issues that affect them, including the usage of waqf properties. Therefore, in every activity, including the management of waqf, are all for the sake of Allah (lillahi ta'ala).

Management and Potential for Developing Wakaf Productivity

The purpose of this research is to know about how to manage and develop land waqf in Cokromenggalan Ponorogo Village, and about the potential for developing waqf productivity in Cokromenggalan Ponorogo Village. The research method used in this study is a qualitative method using an inductive approach, the data collection techniques used are observation, interview and documentations. The results of this study are the management and development of waqf in Cokromenggalan Village managed by nadzir with the assistance of the local mosque administrator (ta'mir). In the distribution of waqf assets, the majority are in the form of mosques, prayer rooms, and educational institutions. As for the potential development of waqf productivity, it is still not maximized, due to limited human resources, costs, and public awareness to manage waqf is still lacking.

WAQF LAND’S UTILIZATION IN FULFILLING THE WELFARE OF THE WEST SUMATRA COMMUNITY

In Indonesia, waqf (endowment) is predominantly still administered conventionally. This research aims to examine the various models of waqf land utilization methods in West Sumatra, as well as their benefits and drawbacks. This is legal doctrinal research. The necessary materials for this study are collected through library research. The research demonstrates that financing is required to sustain the operation of the waqf asset itself, which can result in the asset's displacement due to a lack of maintenance expenditures. Many institutions have acted as locations for the diffusion of information and culture and have offered space for scholars, jurists, and culturalists to develop their competence. In addition, buildings of worship, school infrastructure, other social waqf, burial grounds, and Islamic boarding school education dominate the utilization of waqf land in West Sumatra. More economically empowering technologies ought to be incorporated into the development of waqf management models

Analisis SWOT Pengembangan Wakaf untuk Pasar Tradisional di Yayasan Tanah Wakaf Pasar Paing Surabaya

Research with the aim of explaining the development of productive waqf at the Tanah Waqf Market Paing Foundation Surabaya. The research method in this thesis uses descriptive qualitative methods. The data collection techniques carried out are observation, interview, and documentation techniques. The results showed that the SWOT analysis on the development of productive waqf at the Tanah Waqf Market Paing Foundation Surabaya is the need to increase assets in the form of facilities and equipment needed by traders, forming a beautiful self-managed park to attract people to visit the market, mouth promotion and social media to traders that are intense for the development of their business, traders are not charged parking fees, Because they have paid the rent of the kiosk per month and the officer revoked the right to manage the individual. Analysis of productive waqf development at Yayasan Tanah Wakaf Pasar Paing Surabaya is that the external environment has legal and technological strength factors. Strong law has the power to defend waqf land rights in the improvement of assets or facilities. Meanwhile, technological factors need to be used by existing social media. The internal environment is the establishment of a right-of-use book applied at the Paing Market Waqf Land Foundation.

Istibdal Waqf

Land waqf in Indonesia continues to grow, but there are waqf lands that are unproductive because they are located in not strategic areas, so there is a need for Ibdal or Istibdal Waqf but, there are differences of opinion from some Muslim scholars regarding Ibdal or Istibdal. So, there is a need for sentiment analysis to find out sentiment on topic of Ibdal or Istibdal. The method of this study is a descriptive statistical analysis method combined with meta-analysis and sentiment analysis of secondary data in the metadata of 44 publications from Dimension from 2010-2022, processed using Microsoft Excel 2016 and SentiStrength software. The results of the research sentiment analysis regarding Istibdal Waqf are positive 9%, Neutral 45%, and Negative 46%. The author found research on istibdal Waqf from year to year has increased. The results of this study indicate that there is negative sentiment regarding Istibdal Waqf, indicating that literacy regarding support for Istibdal waqf is still low so massive socialization is needed for the community or to Nazhir as the waqf manager. The power of laws and technical guidelines that regulate Istibdal are also needed by the Nazirs so that the flow of execution is easier, to create optimal waqf land.

Increasing Literacy on Land Endowment Law for Students of Al-Muhtada Research Islamic Boarding School in Semarang City

Land waqf as a legal institution known in Islamic law has gained a strong position in Indonesian national law based on Law Number 41 of 2014 concerning Waqf. The understanding and practice of land waqf, which has been partly carried out verbally on the basis of mutual trust, has not provided optimal legal certainty and legal protection. In the community, legal literacy is increased in the context of land waqf. Land waqf legal actions that have been carried out based on Islamic law must also be carried out with due regard to national law. The legal act of waqf land must be carried out before the authorized official and registered with the Land Office. The waqf pledge must be made before the registrar of the waqf pledge to be further recorded in the waqf pledge deed. The Waqf Pledge Deed is written evidence in the land registration at the Land Office, as the basis for the issuance of the Waqf Land Certificate. Land Waqf Certificates are issued in order to realize legal certainty and legal protection of land waqf. The regulation of land waqf in the Waqf Law and its implementing regulations further confirms waqf as an important and useful institution for efforts to realize community welfare, in line with the goals of state life.

Social Enterprise Model in Waqf Land Management in Bantul, Indonesia

Bantul Regency have 92.05 hectare waqf land, spread over 2,959 locations. So far, 76 per cent of waqf land is used for mosques/musholla. At the same time, waqf land assets can be empowered to alleviate poverty. This study aims to: 1) optimise the utilization of waqf land assets through simulation of hydroponic cultivation and biofloc; 2) find a poverty alleviation model through the development of waqf land assets; 3) describe the implications of the implementation of the model. The method used in this research is descriptive qualitative, carried out by simulation and interviews with the community. Kapanewon Sedayu and Kapanewon Banguntapan are the main focus of the study and implementation of waqf land assets, considering that Bantul Regency had the highest number of poor people in 2020, as many as 138.066 people. The results show that based on the simulation, waqf land assets allow for community empowerment and the formulation of a waqf land asset management model through the Model of Islamic Social Entrepreneurship, and there are several implications for empowering the poor.

Religious Practices of Land Endowment: Examining Reform and Dispute Resolution Alternatives of Land Waqf in Indonesia and Malaysia

The research aimed to analyze the land waqf dispute resolution mechanisms in Indonesia and Malaysia to provide the Indonesian government with ideas regarding land waqf dispute resolution laws. The approach adopted was a comparative study that highlights the mechanisms and models of waqf dispute resolution in Indonesia and Malaysia. The results show that the Indonesian waqf dispute resolution mechanism comprises two approaches: juridical and sociological. The juridical approach is based on Waqf Law No. 41 of 2004, Article 62. Meanwhile, the sociological approach is based on local wisdom and policies derived from Islamic law. In comparison, the mechanism for resolving waqf land disputes in Malaysia consists of two routes: the non-litigation channel, which consists of negotiation, mediation, and arbitration, and the litigation path, via the sharia court. In the Malaysian mediation pathway, the mediator and the advocacy institution are State Islamic Religious Councils (SIRCS), assisted by waqf managers and experts. An arbitration mechanism is often chosen because the management of waqf land is, for about 40 percent, associated with business, commerce, industry, and property. The similarities between the two countries are that they are committed to resolving waqf land disputes based on applicable law, the concept of justice, and the desire to protect human rights, minimize expenses, build good relationships after disputes, and provide advocacy for the rescue of the donated land assets.

The Self Assessment Aspects for Waqf Land Management Framework in Malaysia

The Self Assessment Aspects for Waqf Land Management Framework in Malaysia

Pengaruh Pengelolaan Wakaf Tanah Produktif Terhadap Peningkatan Kesejahteraan Masyarakat di Kecamatan Siman, Ponorogo.

According to Indonesian Law no. 11 of 2009 concerning welfare, social welfare is a condition for the fulfillment of the material, spiritual and social needs of these citizens in order to live properly and develop themselves so that they can carry out social functions. The birth of the Law of the Republic of Indonesia No. 41 of 2004 concerning Waqf which leads to empowerment of waqf, is one of the instruments in building the socio-economic life of the community. According to data released by the Indonesian Waqf Board (BWI), the number of donated land locations in Siman District is 147 places, with a land area of 12.70 hectares, covering 5.22 hectares that have been certified as waqf land and 7.47 hectares are not yet certified land. The number of donated land in Siman Subdistrict that has not been certified is more than that which has been certified. Siman subdistrict, Ponorogo was chosen as the place for research because of the large number of waqf lands and boarding schools whose management was not optimal in several places and this had an effect on the welfare of the community. This study aims to determine how much the potential and impact of the Management of Productive Land Waqf in Siman District on Community Welfare. The method used in this research is quantitative methods and data collection techniques using primary data (documentation and questionnaires) and secondary data (official documents of the Siman District Office of Religious Affairs, data from the official website of the Indonesian Waqf Board and from the Central Statistics Agency). The sampling technique was simple random sampling and data collection used a questionnaire method with a Likert scale. Data analysis used simple linear regression and data processing used SPSS 21 software. The results of this study indicate that the management of productive land waqf has a relationship with the welfare of the community. The results of this study indicate that the greater the potential of Productive Land Waqf Management, the greater the impact on Community Welfare. For now, the welfare of the community has only been affected by 18.1% by the management of the productive land waqf, while the sisanaya is influenced by other variables not examined in this study. Researchers suggest that the management of productive land waqf can be maximized.

Sustainable urban communities: Territoriality of waqf-based communal place in Kampong Cities

One of the problems in today’s urban development is the scarcity of communal spaces in settlements. The communal space is a shared space where the community performs social interactions, establishes the community, and performs collective activities in the local community. One form of local wisdom that develops in forming communal spaces is the waqf land. Almost the entire Muslim community is involved in the running of the waqf. Likewise, in the city of Semarang, with its predominantly Muslim citizens, almost all kelurahan areas have waqf land. From this waqf land various communal spaces such as places of worship, education, and social, economic, and environmental infrastructure were developed. This study aims to formulate the territoriality of communal spaces that developed from the waqf process in Kauman Village as a representation of dense settlements in Semarang City. The research uses a holistic single case study method and inductive analysis to find the common thread of spatial territoriality. The study found that territoriality was developed through the enforcement of religious values, the legality of ownership status, institutional systems, and the development of complementary spatial functions according to communal needs. This system continues to serve the needs of the community in the long term.